History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 238

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1888
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1672

USA > Massachusetts > Essex County > History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II > Part 238

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21. proprietors.

45. Bartholl Heath.

46. Theophilas Satchesell,

47. proprietors.

23. Wm. White.

48, hew Sherratt.

241. Tho, Linforth.

49. Abraham Tyler.

25. Mr. Jno. Ward.

50, To James Presse's Right."

26. Joseph l'easly.

whom the inhabitants shall make known their title every Second-day in the week in this month of March, npon forfeitnre of two shillings per man ; and the fines shall pay the said committee for their time and the remainder to the town." The long- headed pioneers were laying the foundation for these subsequent proceedings of the proprietors.

Having no longer Indian wars, the people had more leisure for domestic contention, and the proprietor- ship of the common lands was the occasion of long and angry controversy.

It would appear that the town-books, or some ot them, were borrowed and retained without right and explanation during the progress of this affair. They were, doubtless thumbed a good deal, and, perhaps, injured, during these private searches. At the annual meeting in 1721 it was voted "that there shall be a committee chosen to prefer a petition to the General Court for redress, in behalf of the damage that the town sustained by the town-books being part of them cut and torn ont." This was probably a minatory move-or what in modern slang is called sometimes bluff -- and was not expected to lead to any action. It quite certainly did not.

The proprietors appear to have been consistent in their action. They doubtless believed themselves in the right, legally, and perhaps morally, and they con- tinued to dispose of the common lands accordingly. The new comers, although growing more numer- ous, had less wealth and influence, proportionally. Some of the proprietary families were growing wealthy for the times.

All these names, except seven, are to be found on the town records within three years from the date of the Indian deed, and before the town was incorpo- rated. Those names are Jewitt, Whittier, Johnson, Sleeper, Linforth, Eatton and Pressey; and almost The following incident, related by Mirick, exhibits the acrimonious state of feeling : "The Commoners had fenced a certain part of the ox-common with split rails. This was very mueb disliked by the non- commoners living in the north part of the town, and they determined to be revenged. They soon concocted a plot, and a small party assembled near Flaggy Meadow on the night appointed to execute it, carried the rails into large piles and set them on fire. The loss of the rails was but trifling when compared with the other damage done by the fire. The earth was dry, and it ran through the woods, and continued to burn for many days." all of these seven were here early. The proprietors, in the view of these people, were, as has been said before, the heirs and assigns of the original proprie- tors. Thus, Mr. Ward was represented by the heirs who took under his will; William White, Joseph Peasley and others by their heirs, children and grandchildren ; John Dow had bought Tristram Cof- fin's right, and so on. The purchasers or grantees of specific lands were only entitled to those par- ticular tracts; they had nothing to do with undi- vided lands. "The inhabitants of Pentucket," as intended in the original deed, were the members of the original company, or those shortly after ad- The largest and most valuable of the remaining tracts of land undivided was that laid out in 1665 as a cow common. A part of it had been fenced off, and its proportions had been much curtailed, but it was still a large and valuable tract of land. According to the vote of March 7, 1665, all the land within the following bounds was forever to be a cow-common : " Within the bounds of Fishing River; and from thence to a brook that goeth to the hither north meadow; and from thenee as the eart path goeth, to the meadow of Bartholomew Heath, which was for- mitted with their free consent, and by their undoubted act and volition, to the association. On the other hand, the non-commoners, so-called, being those whom the proprietors exeluded from their associa- tion, claimed that the lands had been granted to the inhabitants of Pentucket that then were, or at any time should be. The lands might all have been granted at once; if any remained undivided, then every inhabitant had a right to vote in their disposi- tion. It must be remembered that proceedings had formerly been taken to ascertain titles: as when, merly George Corliss's meadow; and from thence to March 4, 1667-68, Captain Saltonstall, Henry Palmer and George Browne were appointed a committee "to

27. Jno. Dow, purchased from Mr. Coffin's Right.

2%, peter Ayer.

29. Richard Singletery.

11. Thomas Sleeper.

12. Henry palmer.

14. Stephen Kent.

15. Proprietors.

16. Sam" Gnile.

17. To Nobt Clement or Jno. ('lement right.

18. Georg. Brown,

20. Danl Hendrick.

22. Obadialı Ayer, on his father Jno. Ayer's right,

32. Wm Simons, on the right of Jno. Davis.

the East Meadow river, and so within the bounds of the east meadow river down to the Great River." It

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appears from the vote already given about fencing a part of the eow-common, that it originally extended on the west substantially to the present erossing of Little River by the Winter Street bridge ; then sweep- ing ronud to the north and east to East Meadow River, and then south to the Merrimac, encircling the village and the planting lands. The proprietors had discussed the proposition to lay out the remainder into lots and dispose of them.

Five town-meetings were held about 1723, to con- sider the inhabitants' claim to these lands, without a vote being reached. The marginal reference to one of them says that it was "precious time spent for naught." The feeling was becoming very bitter. September 2, 1723, the town chose a committee to confer with the commoners, "in order to make some agreement about common lands in Haverhill," and the meeting adjourned, to hear their report.

The town committee asked for " a proposition, in order to make peace." At the adjourned meeting the committee reported that no reply had been received from the commoners, and another adjournment was had. At the next meeting it was reported that the town's overture had been propounded to the common- ers at one of their meetings, and was "met with si- lenee and nothing more." But December 5, 1723, several of the proprietors petitioned for a proprietor's meeting, as follows :

'. To Jno. White, Esqr : proprietor's clark, greeting ;

" Whereas there are severall persons in ye town of Haverhill of long & ancient standing in ye Town, who, by reason yt they have little or no Right in ye Common lands, either by Themselves or claiming under Their Ancestors, are very uneasy att ye division aud disposall of said lands to and among ye proprietors and reall owners of itt. Therefore wee, ye subscribers, proprietors, Taking into Consideration ye damage of Contention, and yt peace may be made, we request yt There may bee a meeting of ye proprietors to bee att ye meeting-house in Haverhill, on Monday, ye sixth day of Jannary next ensuing, att ten of ye clock in ye forenoon, for Reason following : first, yt if ye proprietors see callse They chuse a comittee to debate ye matter with such persons who have been of long & ancient standing in ye. Town, Though They have little or nue right To any Comon lands, either by Themselves or Ancestors & To see upon what Conditions such persons will be satisfied & To make re- port to ye proprietors soe yt they may Give them some lands if They see cause.

" Secondly, yt They chuse a Comittee To debate with such persons who lay claim to Rights not yett allowed To see what will satisfie Them & make report Thereof to ye proprietors yt soe They may act upon itt if They see Cause."

The meeting was held accordingly, and Deacon James Ayer, Nathaniel Peasly and Richard Hazzen were chosen a committee to meet the non-proprietors and ascertain what would satisfy them.

The petitioners did not propose that the pro- prietors should surrender a jot of their legal elaims; but they were a minority in the town and their position was doubtless a very urcom- fortable one. Their sebeme, as will be observed, was to make friends by granting lands to a considerable number of individuals, and thus bring them over to their own party, expecting to secure their influence and support when they had got such concessions for themselves as they desired. Possibly there was also

some real sympathy for ancient settlers who yet had no legal rights in common lands.

Of the committee appointed, James Ayer represent- ed the large family of that name, who, as we know, were very early in the town. Nathaniel Peasly was grandson of Joseph the first, and son of Joseph the second. Ile was for many years an important and influential citizen. Richard Ilazzen was a leading land surveyor, a man of determined character, and for a long time was active in the land troubles of the town.

This committee met the non-proprietors at the tav- ern of Cornet James Pecker on the 28th of January, and February 5th reported to the proprietors the fol- lowing as the result of their " debate: " " Jno. Sanders did deelare and say yt as to ye comons They were in ye hands of ye law & yt hee was easy with ye deter- mination of ye Law ; for if ye town lost, his right with ye comons would be as good as now." That is to say, Sanders, having no benefit now of the commons, could not be worse off in any case, and for his part, was willing to abide the result of the litigation.

" Joshua Swan would not bee easy unless they would grant him 15 acres between Sam'l Davis & Job Clements."

" Matthew Harriman, Jun'r, declared yt hee would be uneasy unless all ye fences erected on ye cow com- on were demolished and itt lay according to ye vote of ye ancient fathers & ye proprietors' records, Burnt."

" William Johnson would not be easy unless They would fling up ye cow eomon."

"All those above accounted are unreasonable in their demands & soe ( we) acted nothing npon it."

"All ye other persons under written to ye number of about 39 persons, Though They had noe material objection against ye division of ye Comons, yett since They had bore charges, lost friends by ye Indians, &c., did desire some particular pieces of land upon ye proprietors' grant of which They would bee easy & for ye future rest contented & proceeded to request as followeth (viz)." These individuals asked, some the grant of common rights, but the larger number speci- fied pieces of land in severalty, from two to twenty aeres in extent.

Upon the reading of the report of the committee, the proprietors " voted yt ye several parcells of land petitioned for or desired by ye several persons according To ye return of ye sd committee, Bee hereby granted To them on This condition yt They rest satisfied & contented with ye division of ye Comon land accord- ing to ye proprietors' order, & yt for ye future They appeare In all Town meetings unless hindered by ex- traordinary Casualty & doc oppose By voate & argu- ment all such persons and voates as any way disturbe or hinder ye proprietors in Their peaceable Injoy- ments of Their lands divided or undivided & yt they Endeavor to hinder any farther process in law about ye same & farther peace & unitie again as far as may

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HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

be & yt They Assighn (Sign) Artickles agreeable to this voate betwixt themselves & the committee which shall be appointed for ye purpose, before ye said land Bee laid ont To them. And yt ye partic- ular persons To whom ye land is granted shall pay ye Committee yt have been allready Impowered about having ye proposalls of severall persons for land to be Given them & also What further charge ye Committee may be att abont ye same, for ye laying of itt out & for recording ye same. This was voated & granted By a full voate."

A committee was then chosen to draw up the pro- posed articles, and on the persons with whom the committee should agree according to the above vote signing them, the committee were to lay them out the lands they asked for.

This was a close bargain, whatever may be thought of the morality of it, as a matter of public policy. The proprietors had received a large accession of strength, and there was quiet for awhile. But the dis- turbance broke out afresh when the proprietors actu- ally decided to divide the cow-common into lots and lay out highways through it. In the warrant for the annual town-meeting for March 2, 1725, are the fol- lowing articles: " 2. And to see whether ye town will ehuse a Committee to draw money out of ye Town Treasury to seport one or more of ye Comoners to take a method in law to recover their Rights from ye Incroachments of ye Comoners. That it may yt lie in Comon as by ye Cow Comon grant made in March, 1664-65. 3. And to ehuse a Comittee to prefer a petition to ye General Assembly to acquaint ye Hon- orable House with ye irregular method of ye Com- oners in their last actions abought ye Cow-Comon, and to see what ye towne may think proper on yt ac- count and to doe it on ye Town's Cost."

Upon the town-meeting day referred to, the pro- prietors, doubtless finding themselves in a minority, withdrew, organized a separate meeting and chose a separate set of town officers. Captain Joshua Bay- ley was moderator of the party remaining at the meeting-house ; Captain John White of the seceders. The former body chose Ensign Thomas Whittier, John Sanders and Anthony Colby a committee under the second article of the warrant, and the same per- sons, with the selectmen, who were Captain Joshua Bayley, James Sanders and Christopher Bartlett, a committee under the third article to petition the General Assembly.

The next meeting of the non-proprietors was held April 8th, upon a warrant signed by Benjamin Stevens, "one of his majestie's justices of ye ('ounty of Essex," in answer to a petition to him "signed by more than fifty hands." The proposition was, "To see whether the Town will Impower ye Selectmen of Haverhill, or chuse a Comittee to proseent on ye town's cost, to final issue any of ye faction that are Indevoring to disturb and disquiet ye Town (lark in his peacable Improvement of ye town Books !... And to prose-

cut any persons yt by color of their Election in ye meeting, where Capt. White pretended to be modera- tor yt shall presume to aet as such officer." Upon the first article, Captain Joshna Bayley, James Sanders, Thomas Haines, Daniel Bodwell and Christopher Bartlett were chosen acommittee to prosecute "any of yt l'action." It was then declared by an unanimous vote that the officers chosen at the preceding meeting, naming them, should be supported through any diffi- eulty that might arise iu executing their respective duties; that "ye small party where Capt. White pre- tended to be a moderator on March 2, 1724-25, was not according to the town's will, nor according to ye consent and former practice of our Town ;" that " The Town doe declare against Mr. Richard Hazzen, Jr., his being town clerk ;" and " that the seleetmen should prosecute to final issue any person or persons that, by color of his Election in the meeting aforesaid," should presume to act as such officer. The meeting then ad. journed for two weeks, at which time " some discourse passed," but no vote was taken. There were meetings twice afterwards, adjourning on both occasions with- out doing any business-the last being held June 21st, after action was taken under the following direction.

The non-proprietors appealing to the General Court, it adopted the following order June 4, 1725 :

"Whereas, at the anniversary of the town-meeting in the town of Haverhill in March last, there bappened to be two contending parties who assembled at the meeting-house, and did there and then choose two sets of town officers, whereby great difficulties arose in the said town, and considerable expense occasioned in the law ; and it is feared that no good government can be supported unless some speedy care can be taken to prevent these disorders. For preventing whereof, and to put an end to said strife, it is ordered by this General Court that Joshua Swan and Nathaniel Peasley, constables for the town in 1724, be and are hereby required to warn the freeholders and other inhabitants to assemble at the meeting-house in Haverhill on the ninth of June at ten o'clock A.M., and then and there to choose all the town officers which the law requires to be chosen in the month of March annually ; and that Richard Kent, Esq., be desired to be present at the said meeting ; and he is em- powered to moderate the affairs, and no other person be allowed to vote but such as are lawfully qualified ; and that the proceedings of both par- tis at the aforesaid meeting of March 2d are declared null and void, and the charge to be borne as this ('onrt shall order."

A meeting was accordingly held June 9th, over which Richard Kent, Esq., of Newbury, presided as moderator. In the morning there was some debate, but no vote was taken. At the adjourned meeting in the afternoon the moderator directed votes to be brought in for a town clerk. Few were thrown, how- ever, and the moderator did not declare that anybody was chosen, but adjourned the meeting to June 23d.

The General Court, upon report of this impotent conclusion, passed the following resolves June 15, 1725:

** Resolved, that whereas by special order of this court, the town of Haverhill was assembled on the 9th inst. for the choice of town officers, and no other than a town clerk was chosen, although he was not de- clared by the moderator, and said meeting having been adjourned, not- withstanding the other town officers were to be chosen the same day,

"Resofred, that John Eaton be and is herchy deemred Town Clerk for Haverhill, according to the choice made the ninth of June, us aturesaid, nul that the freeholders (&c.) assemble at the meeting-house in Haver- hill, according to the adjournment, and that they then and there choose

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all other town officers, and that Richard Kent, Esq., hereby declared moderator of the meeting, be directed to administer the oath by law ap- pointed to John Eaton and the other officers to be chosen, any law, usage or custom to the contrary notwithstanding."

The action, as well as the language, of the General Court would now be regarded as arbitrary, and in violation of well-settled custom. In modern times such questions are relegated to the courts of law. The General Court treated the disturbance at Haverhill in the fashion in which the general political commit- tee of the leading party in our chief town in Massa- chusetts now conducts its affairs. If a ward caucus breaks up in confusion, or splits into separating fac- tions, a member of the General Committee is sent to hold another caucus, and decide questions peremp- torily, and a squad of policemen is secured to support his decisions. However, the action of the General Court may have proved salutary. There was no more trouble. It was probably understood that no nonsense would be allowed, and for some reason this action would seem to have been regarded as favorable to the proprietors. The other party appears to have practically given up the contest. The pro- prietors had other difficulties afterwards, but they arose from other causes and with different persons.

The town-meeting met, according to adjournment, and completed the election of its officers.

Henceforward, the town records are no more bur- dened about these affairs. The meetings of the town and those of the proprietors of common and undivi- ded lands were held separately and the records were kept in separate books. The officers were chosen separately, though frequently the same persons held office under the town and the proprietors at the same thme. The proprietors held their meetings for nearly forty years after ; granted, sold and exchanged the undivided lands. Their rights seem to have been fully recognized. They eventually triumphed in all litigation, of which they had a great deal.

These proceedings of the Haverhill factions would somehow appear to be familiar, and to anticipate transactions which have been heard of elsewhere in later days. There have been many stormy town- meetings here in past times.

Captain John White, moderator of the proprie- tors' meeting, before named, was grandson of Wil- liam, the pioneer. In 1725 he was sixty-one years old, and father of a large and highly respectable family.

Captain Joshua Bailey, moderator of the town- meeting, was born (according to Chase) October 30, 1685, and was for many years one of the principal men. He was moderator and selectman from 1724 to 1734, and moderator in after-years. Ile was pretty certainly a physician. "Dr. Bayley " is mentioned in the records in 1718. In 1722, " Dr. Bayley " went to Bos- ton for soldiers. He married Elizabeth Johnson, the granddaughter of the first John Johnson, about 1715, and there were seven children born, all daughters.

He was moderator of the first regular meeting of the First Parish, November 24, 1729. Honorable Bailey Bartlett was his grandson, and in his sketch of the latter, Chase says that Dr. Joshua Bayley had been a distinguished surgeon in the British navy before be- coming physician in the village of Haverhill. This is the tradition of descendants. He was probably the first educated physician in Haverhill, his prede- cessors having only certain natural gifts in that direction, with some experience.

CHAPTER CLVI.

HAVERHILL-(Continued).

Settling Ministers-Starery in Hurerhill-Emigration and the Beginning of Disintegration-Local Incidents.

WITHIN three weeks after the tragic death of Mr. Rolfe a meeting was called, September 15, 1708, to see about a new minister, and a committee was chosen to supply the pulpit "for the present and for the com- ing winter." Mr. Nicholas Seaver preached during the winter and spring following. The town desired him to settle, and offered him annually twenty pounds in money and forty pounds in corn. Afterwards they voted to add one hundred pounds in money to their former offer, " to be improved by him in settling him- self with a house, and the use of all the parsonage land." June 14th the town voted to give him four contributions annually and twenty cords of wood, still in addition. He made counter-proposals, which the town declined, June 21, 1709.

Mr. Richard Brown preached next, whom the church, " by a unanimous vote, not one person then present dissenting, made choice of to be their minis- ter and pastor if he may be obtained." This is the earliest preserved record of any distinct church meeting. The same day a town-meeting was held, in which it was unanimously voted " to concur with the church " in the selection of Mr. Brown for a minis- ter, and a committee was chosen to treat with him, and also "to treat with the administrator for the purchase of the late Mr. Rolfe's house," December 7th, a committee reported upon the latter business, and it was voted to purchase the house, the price paid for which, and for all Mr. Rolfe's land, was three hundred pounds.

Mr. Brown declined the invitation. He bad preached twenty-four Sabbaths, and was succeeded by Rev. Joshua Gardner, whom the town unanimous- ly voted to invite, May 15, 1710. In October a church-meeting was held, at which he was unani- mously chosen; and at a town-meeting, the same day, the action of the church was unanimously con- curred in. The salary voted was seventy pounds per

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annum, payable "one-half in good passable money and the rest in good merchantable corn, at money price, or in good passable money & the use of all the Parsonage Housing & lands & meadows." Mr. Gardner accepted the offer in a letter which was read in town-meeting December 11th, and "very well accepted." He was ordained January 10, 1711, the town paying twenty pounds for the expenses of the occassion.

In 1709 the new meeting-house began to be too small, and about thirty men and thirteen young ladies were given leave by the town to build pews or seats. John White had leave "to set up a shed on the outside of the window at the west end of the meeting-house, to keep out the heat of the sun there."

Mr. Gardner was a young man of great talents and brilliant promise. At the annual meeting in 1715, the town voted that Mr. Gardner might have a weekly contribution if he desired it, so that he might have some money "before the town rate was raised for him." A committee was chosen to join with him in leasing the parsonage farm for twenty years, "if he lives so long."

Two weeks afterwards Mr. Gardner was dead, and a town-meeting was held, March 28th, to consider find- Ing some one to succeed him. One of his successors, Mr. Barnard, thus spoke of him, years after : " Mr. Gardner, who is warm in the hearts of a few of you to this day, was soon ripe for heaven, according to the account which was handed down of him. He was not suffered to remain long by reason of death. Nei- ther prayers nor tears could detain him from his in- heritance above. In a few years he finished his course with joy." Mr. Gardner died March 21, 1715. He graduated at Harvard at twenty years, and was or- dained at twenty-three. Great expectations were entertained of him. His epitaph calls him "a man good betimes; " he made a profession of religion at thirteen years.

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History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 238

Author: Hurd, D. Hamilton (Duane Hamilton) ed Publication date: 1888 Publisher: Philadelphia, J. W. Lewis & Co. Number of Pages: 1672

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1888
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1672